DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1841)

ANORA FOUNDATIONS (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2019

Application for approval of the Anora Foundations (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Anora Foundations (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Anora Foundations (Queens Wharf Project) Union Collective Agreement 2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the collective agreement, which aimed to regulate the terms and conditions of employment for workers engaged by Anora Foundations on the Queens Wharf Project. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the court included whether the collective agreement was made in accordance with the relevant provisions of the Fair Work Act, and whether it met the criteria for approval as a protected action agreement. Specifically, the court examined whether the agreement was genuinely made by the parties, whether it covered a protected action, and whether it was in the public interest. The court also considered whether the agreement provided adequate protections for employees and whether it complied with any relevant industrial instruments.

The Fair Work Commission found that the collective agreement was made in accordance with the Fair Work Act and met the criteria for approval. The court concluded that the agreement was genuinely made by the parties and covered a protected action. The agreement was also found to be in the public interest, as it provided a framework for the resolution of workplace issues and promoted industrial peace. The court further determined that the agreement provided adequate protections for employees and complied with any relevant industrial instruments. Accordingly, the court approved the collective agreement as a protected action agreement.

The Fair Work Commission ordered that the Anora Foundations (Queens Wharf Project) Union Collective Agreement 2018 be approved as a protected action agreement. The agreement was to be registered with the Fair Work Commission and would have effect as a registered agreement under the Fair Work Act. The agreement would regulate the terms and conditions of employment for workers engaged by Anora Foundations on the Queens Wharf Project and would be binding on the parties for the duration specified in the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established